Loading...
Minutes - Monday 17 December 2018Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 17 December 2018 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:03 PM Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President, Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Lang Moment of Silence: 1. Firefighter Christopher Roy, Worcester Fire Department 2. Kathleen F. Long, Mother of Officer Brian Long, Beverly Police Department 3. Pauline E. Collins, Mother of Officer Stephen R. Collins, Beverly Police Department Presentations, Awards and Memorials: Introduction by Beverly Police Department Chief John G. LeLacheur and Captain Timothy Hegarty Swearing -In of Beverly Police Department Officers by the City Clerk Sergeant Daniel Brown Officer Joseph Archambault Officer Blair Nickerson Introduction by Animal Control Officer Matthew Lipinski Assistant Animal Control Officer Caitlin Callahan Introduction of Retirees by Captain Michael Devlin Sergeant Russ Rollins Officer Eric Lynch Recognition of Beverly Police Department Officers by the Chief of Police: Sergeant Michael Backstrom & Officer Daniel Skerry — Citizens Advisory Council Officers of the Year Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders of City Council "): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each): None Resolutions: None Public Hearings: 236 1. 7:20 PM - #246 —Application for New License — Flammable and Combustible Liquids, Flammable Gases and Solids — Rock Edge Irrevocable Trust, 34 Paine Avenue. City Clerk informed that the Fire Department was waiting on Council approval of the "land permit ", and would only approve their own permit if the Council agreed to this; suggestion was to make this approval subject to the Fire Department's willingness to also issue their permit. No members of the public wished to speak, so Council President declared the Public Hearing closed, and referred the matter back to Legal Affairs. 2. 7:30 PM - #242 — Community Preservation Committee — Special (Out -of- Cycle) Application CPA Project Funding Recommendation — John Cabot House — Replace Failed Heating System — Historic Beverly (formerly Beverly Historical Society), 117 Cabot Street. Sue Goganian, Executive Director of Historic Beverly, spoke on the critical need for heat to be restored in the building, given the age of the structure, and the nature of the collections of historical materials present therein. Councilor Rand asked if this Application was being considered in the "Historic Preservation" category — Yes. She also asked if the CPC had received any similar Applications in the past — Marilyn McCrory, Chair, CPC answered Yes, the Beverly Golf & Tennis Club had submitted a similar Application in the past, which had been approved by the Committee and by the Council, for funding. Councilor Houseman asked if this work would replace both heating systems. Ms. Goganian responded that it would replace the two systems with one, based on the consulting engineer's recommendation. Also speaking in favor were Trustee Maureen Troubetaris who described the importance of preserving Beverly's history and the critical role that Historic Beverly plays in that regard. Trustee Patricia Grimes pointed out that Historic Beverly was given an award for being #1 in the state among historic societies. She also commented that she recently attended a holiday party at the Hale House (another of the properties maintained by the organization, and it really had a "Dickensian party and Christmas feeling" about the event and how fortunate we are to have the three properties — the Cabot House, the Balch House, and Hale House, how important it is to keep them functions, and in the several years that she has served as a Trustee she has seen so much activity going on there because of Sue and others — Shakespeare in the Park at the Hale House during the summer, walking tours, book club, so many activities going on in the city, and the necessity to have heat in the building (both former City Councilors). Council President commented that this is an appropriate use of CPA funding, the 1 % on tax bills, and it is vital to the Executive Director and volunteer Board and it is vital to their doing their job. Also in attendance, Dr. Robert Buchsbaum, CPC Member. No members of the public wished to speak, so Council President declared the Public Hearing closed, and referred the matter back to Finance & Property. 3. 7:45 PM - #240 — Originally scheduled for Monday, 3 December 2018, recessed until tonight @ 7:45 PM - Petition — National Grid — Plan #27289322 — Wadsworth Place. The Representative from National Grid confirmed the description of the project read by the Clerk from the Legal Ad. Councilor Frates asked for clarification that the new service was only for the two homes listed in the Petition, National Grid Representative responded that that was correct. No members of the public wished to speak, so Council President declared the Public Hearing closed, and referred the matter back to Public Services. 237 Acceptance of Minutes of Previous Meetings: 1. Monday, 3 December 2018 — Regular Meeting Vote to Approve: 9 -0 2. Monday, 10 December 2018 —Special Meeting Vote to Approve: 8 -0 -1 (Councilor Houseman had been absent and abstained) 3. Monday, 10 December 2018 —Executive Session Vote to Approve: 8 -0 -1 (Councilor Houseman had been absent and abstained) Communications from His Honor the Mayor: #252 December 17, 2018 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly has been awarded a $10,800 Traffic Enforcement and Equipment Program Grant from the Executive Office of Public Safety & Security /Office of Grants & Research. This grant supports the Beverly Police Department's traffic safety and enforcement efforts. Massachusetts General Law Chapter 44 Section 53Arequires both City Council and Mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the City Council approve this grant by taking action on this matter at your upcoming meeting on December 17, 2018. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett, Director of Grants Police Chief John LeLacheur Sgt. Antonio DiRuzza Referred to Finance & Property #253 December 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, Mr. Kevin Andrews, 8 Home Street, Beverly to serve as an alternate member of the Zoning Board of Appeals. 238 His term is to be effective until October 1, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs Council President commented that if there were residents watching at home, there are Boards and Commissions that do not have their full complement of Members, so if they are interested, they should contact the Mayor's Office. #254 December 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation the following citizens to serve as Trustees of the David Lynch Parks Fund: Ms. Kathy Doane, 83 Bisson Street — Friendly Garden Club representative 2019 Mr. Mark Casey, 16 Chapman Street 2021 Their terms are to be effective as noted above. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #255 December 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve on the Board of Health: Dr. Frank S. Carbone, Jr. 186 Hart Street, Beverly 2020 William J. Alpine, Jr., 10 Bass River Road, Beverly 2021 Their terms are to be effective as noted above. Sincerely yours, 239 Michael P. Cahill Mayor Referred to Public Services #256 December 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, Mr. Matt Ulrich, 16 James Street, Beverly to serve on the Design Review Board. His term is to be effective until December 1, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #257 December 17, 2018 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Mr. John Swain, 60 Rantoul Street, Unit #403N, Beverly to serve on the Waste Reduction Committee. His term is to be effective until March 31, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services Communications from other City Officers & Boards: 240 #243A Communication — Engineering G.I.S. Manager — Revised Hazard Mitigation Plan Mr. Roland Adams, Engineering G.I.S. Manager, presented the Plan to the Council and responded to questions on the changes made to it from the original version that had been presented to the Public Services Committee at the last Regular Meeting of the Council and Committee on Monday, 3 December 2018. Councilors asked questions about the revisions, and the timing of its submission to the state and federal agencies involved, and whether the City has any projects ready to go. Mr. Adams stated that the City does not. Referred to Public Services #244A Communication - City Clerk — Class I, II, or III Motor Vehicle Dealers Licenses for 2019 — American Petroleum, Inc., 586 Cabot ST; BM Best Auto Sales, 42 Park ST; Beverly Farms Motor LLC, 715 Hale ST; Generation 2000 Auto Sales LLC d /b /a Marshall Motors North, 94 Cabot ST; NDRN, Inc. d /b /a Five Star Auto Repair, 191 Essex ST Referred to Legal Affairs #250 Communication — City Clerk — Amusement Devices Licenses for 2019 — Beverly Salem Lodge of Elks — 39 Bow Street; Herman A. Spear Post #331 /American Legion, 3 Judson Street Referred to Legal Affairs #258 Communication — Council Budget /Management Analyst — Powers & Sullivan South Essex Sewerage District — Report on Examination of Basic Financial Statements — Year Ended 30 June 2018 Referred to Finance & Property #259 Communication — Council Budget /Management Analyst — School Data Analysis Referred to Finance & Property Motions and Orders (2 Reading): 241 #213A – Amended Ordinance – Ch. 300 - Zoning, amending Article II – Definitions and Article V – General Provisions, and proposing a new article to the Beverly Zoning Ordinance Chapter 300 – Marijuana: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen: An ordinance amending an ordinance entitled Chapter 300 – Zoning, amending Article II – Definitions and Article V – General Provisions, and proposing a new article to the Beverly Zoning Ordinance Chapter 300. First Reading: Monday, 3 December 2018 Advertised in the Salem News on Friday, 7 December 2018 Second Reading: Monday, 17 December 2018 Final Passage: Monday, 7 January 2019 Order read once and adopted — Vote: 9 -0 2. #231 – Amended Ordinance – Ch. 270 - Vehicles and Traffic amending Section 41 (Parking prohibited at all times): Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and eighteen: An order amending an ordinance entitled Chapter 270- Vehicles and Traffic amending Chapter 270 (Vehicles & Traffic) - Section 41 (Parking prohibited at all times) by adding the following street segments: Name of Street Side Location County Way East From Bridge Street to Northern Ave Northern Avenue South From County Way northeast 60 feet First Reading: Monday, 3 December 2018 Advertised in the Salem News on Friday, 7 December 2018 Second Reading: Monday, 17 December 2018 Final Passage: Monday, 7 January 2019 Order read once and adopted — Vote: 9 -0 #211 B – Amended Ordinance – Ch. 215 - Offenses and Miscellaneous Provisions, adding a new Section 17: Retail marijuana establishments; limits: In the year Two Thousand and Eighteen An Ordinance to place a limitation on the number of marijuana retailers that may be located within the City pursuant to Massachusetts General Law Chapter 94G, Section 3. Be it ordained by the City Council of the City of Beverly, as follows: Chapter 215. Offenses and Miscellaneous Provisions is hereby amended by adding a new Section 17: Retail marijuana establishments; limits. The number of marijuana retailers, as defined in Chapter 300, Section 5, within the city shall be limited to no more than twenty percent (20 %) of the number of licenses issued within the city for the retail sale of alcoholic beverages not to be drunk on the premises where sold under section 15 of chapter 138 of the General Laws. Marijuana retailers lawfully operating shall not be barred by this section from continuing to do so in the event that there is a reduction in the number of aforementioned licenses after such marijuana retailer receives all necessary state and local approvals. First Reading: Monday, 10 December 2018 Second Reading: Monday, 17 December 2018 To be advertised in the Salem News this Friday, 21 December 2018. Final Passage: Monday, 7 January 2019. 242 Order read once and adopted — Vote: 9 -0 Communications, Applications & Petitions: Unfinished Business: None Reports of Committees #242 [7Ta The Committee on Finance & Property to whom was referred the matter of Communication - Community Preservation Committee — Special (Out -of- Cycle) Application CPA Project Funding Recommendation — John Cabot House — Replace Failed Heating System — Historic Beverly (fonnerly Beverly Historical Society), 117 Cabot Street, have considered said matter and beg leave to report as follows, to wit: Recommend the Application be granted Councilors Houseman and Guanci filed Disclosure Forms with the Clerk indicating that though they are members of the organization, Historic Beverly, they both feel that they can make a fair and impartial judgement of the matter. Order read once and adopted — Vote: 9 -0 Councilor Latter made a Motion to Reconsider the Vote "In hopes that it fails" so that the Order might be presented to the Mayor the next day rather than awaiting the 24 -hour period. Seconded by Councilor Houseman – Vote: 0 -9. #252 The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Approval of $10,800 Grant — Massachusetts Executive Office of Public Safety & Security — Office of Grants & Research — Beverly Police Department Traffic Enforcement & Equipment Program Grant, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and ado #258 — Vote: 9 -0 243 The Committee on Finance & Property to whom was referred the matter of Communication — Council Budget/Management Analyst — Powers & Sullivan South Essex Sewerage District — Report on Examination of Basic Financial Statements —Year Ended 30 June 2018, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0 #259 The Committee on Finance & Property to whom was referred the matter of Communication — Council Budget/Management Analyst — School Data Analysis, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File, and provide a copy to the School Committee Order read once and adopted — Vote: 9 -0 #244A The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk — Additional Class I, 11, Or III Motor Vehicle Dealer Licenses for 2019, have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted — Vote: 9 -0 #246 The Committee on Finance & Property to whom was referred the matter of Application for New License — Flammable and Combustible Liquids, Flammable Gases and Solids — Rock Edge Irrevocable Trust, 34 Paine Avenue, have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted, pending approval by the Fire Department of their Flammable Registration Permit Order read once and adopted — Vote: 9 -0 #249 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — Lodging House Licenses for 2019, have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Councilor Flowers asked if the supporting information for the applications, and that Police Department are part of that information, and that if reports on any of the locations received by the Clerk were not problematic. City Clerk responded that according to the Chief that is true. Council President confirmed that if there were a problem the Council would not have seen them. Clerk responded that the Chief would have reported that. 244 Order read once and adopted — Vote: 9 -0 #250A The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk — Additional Amusement Device Licenses for 2019, have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted — Vote: 9 -0 #233 The Committee on Public Services to whom was referred the matter of Petition — New Cingular Wireless PCS, LLC ( "atl &t ") for Grant of Location for Telecommunications Wires & Wireless Attachments and Appurtenances: Project: Area6_BevA:Location: 22 Nursery ST, Beverly, MA 01915; 42.570528 N — 71.898648 W, Utility Pole #5292, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0 #240 The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan #27289322 — Wadsworth Place, have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted — Vote: 9 -0 #243 The Committee on Public Services to whom was referred the matter of Communication — Engineering G.I.S. Manager — A Resolution to Allow the City of Beverly to Adopt the Beverly 2017 Hazard Mitigation Plan Update as the City's Official Hazard Mitigation Plan, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0 243A The Committee on Public Services to whom was referred the matter of Communication — Engineering G.I.S. Manager — Revised Hazard Mitigation Plan, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Resolution and recommend its adoption: A RESOLUTION TO ALLOW THE CITY OF BEVERLY TO ADOPT THE BEVERLY 2018 HAZARD MITIGATION PLAN UPDATE AS THE CITY'S OFFICIAL HAZARD MITIGATION PLAN WHEREAS the City of Beverly has experienced past flooding and other natural hazard events that pose risks to public health and safety and which may cause serious property damage; and 245 WHEREAS the planning process fostered by the Massachusetts Emergency Management Agency and set forth by the Federal Emergency Management Agency offers the opportunity to consider natural hazards and risks, and to identify mitigation actions to reduce future impacts of such hazards; and WHEREAS the Commonwealth of Massachusetts provided federal Hazard Mitigation Assistance program funds to the City of Beverly to support development of an updated hazard mitigation plan; and WHEREAS a Hazard Mitigation Plan has been developed by the Local Hazard Mitigation Planning Committee and staff from the City and other entities; and WHEREAS the Hazard Mitigation Plan recommends several mitigation actions that will help minimize and reduce safety threats and damage to private and public property; and WHEREAS a public meeting was held on Monday, 3 December 2018, to solicit questions and comments and to present the plan and the proposed mitigation actions. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Beverly that: 1. The Hazard Mitigation Plan is hereby adopted as an official plan of the City of Beverly. 2. The City offices identified in the Plan are hereby directed to pursue implementation of the recommended priority actions that are assigned to their agencies. Any action proposed in the Plan shall be subject to and contingent upon budget approval, if funding is required, and this resolution shall not be interpreted so as to mandate any such appropriations. 4. The Department of Public Services and Engineering is designated to coordinate with other City offices and stakeholders and shall periodically report on the activities, accomplishments, and progress, and shall prepare a progress report as required by the Massachusetts Emergency Management Agency. AND BE IT FURTHER RESOLVED, that this Resolution shall take effect on its passage: PASSED this 17 day of December, 2018 Order read once and adopted — Vote: 9 -0 Meeting Adjourned: 9:12 PM Attest: D. Wesley Slate, Jr. City Clerk 246 246